Suchergebnisse

The aim of the article was to reveal the content of the controversial elements of the illegal use of humanitarian aid, provided for in Article 201-2 of the Criminal Code of Ukraine; to clarify the validity of the introduction of this prohibition and, moreover, to discuss its impact on law enforcement. All of which in order to be able to determine the prospects for the development of criminal law in the field. Several research methods have been used in the article, such as: comparative, systemic-structural and legal-formal. Referring to the appropriate methodological basis has made it possible to delve into the issues of criminal liability for embezzlement of humanitarian aid funds in Ukraine. Based on the results of the comparative analysis, it has been noted that there are no special provisions on appropriation and embezzlement of humanitarian aid items in the legislation of certain European states. As a conclusion it has been argued that the introduction of article 201-2 in the Criminal Code, is an example of excessive criminalization because: in this case, the act, which is inherent in the social harmfulness necessary for criminalization, did not require criminalization, since criminal liability for it has already existed and is broadly typified in the law.

The paper addresses some pressing national security and public safety issues in various jurisdictions, including Ukraine. The correlation between two main concepts is emphasized. It is shown that in the modern world risks related to national security and, therefore, also to public security are significant. The approaches to defining the two main components of the state are illustrated and the main elements are pointed out. It is emphasized that today security is one of the key values (rights) for any person and citizen and is generally prescribed in national Constitutions. The provisions of the draft Public Security and Civil Defense Strategy of Ukraine (2021), related to national security and public safety, have been discussed. Finally, the main threats to the security of the community and individual citizens have been outlined and the means to overcome them have been elaborated. In the conclusions, it has been established that the formulation of a security and defense sector perspective model for central executive authorities presents a number of opportunities as well as challenges. Moreover, it is difficult to give a clear and all-encompassing legal definition of the concept of "public security".

The aim of the article was to conduct a comparative legal analysis of the features and problems of criminal prosecution of legal entities for environmental crimes. The research objectives were fulfilled through modern methods of cognition. The leading practical method was the method of observation. The study allowed to form a conceptual understanding of theoretical ideas about environmental crimes of legal entities in Ukraine. Currently, Ukraine is trying to focus in its legislative innovations on the implementation of progressive approaches to the introduction of a comprehensive institution of criminal law measures regarding the liability of these entities. Relevant legal mechanisms and comments identified in the practice of the European Union and substantiated by scholars, can be implemented in the legislation of Ukraine. Amendments to the rules governing the procedure for effective prevention of environmental crimes by legal entities are proposed. It seems reasonable to introduce an active monitoring analysis of anthropogenic activities of companies, and the creation of special units to identify relevant violations. The mechanisms for implementing the set of preventive and monitoring measures outlined in the article, set the background for further scientific research.